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How will investing in a project alongside Chinese EB-5 investors affect my application timeline?

I am thinking of investing in an EB-5 project in a partnership with Chinese EB-5 investors. I have heard about the longer wait times Chinese EB-5 investors must endure. Even though I am not Chinese, how will this affect my application?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Each investment is treated separately for the most part. Many projects are planning for this by creating separate timelines for Chinese and non-Chinese investors.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Each application is judged on its own merit. Having Chinese investors in the same partnership will not affect your I-526 or I-829 application. The only thing it may affect is when you will get your investment back. The Chinese investors must show that their investment is still active and at-risk when their I-829 is being adjudicated. As different investors will come to the United States at different times, their I-829 gets filed and adjudicated at different times, as well. Thus, dissolving the partnership early in order to pay earlier investors in the same group while some investors are still going through the I-829 process may put their applications in jeopardy. You will need to review your subscription and partnership documents to make sure you know how the regional center plans to handle this issue.

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    Charles Foster

    Immigration Attorney
    Answered on

    Investing in an EB-5 project with other investors that happen to be Chinese nationals should not affect you directly. Your petitions would be approved more or less in the same order they were filed. The big difference is you would be able to obtain your Lawful Permanent Residency much sooner than the Chinese investors. Since there is no backlog for you, the entire process may take only 1-2 years. It will take much longer for the Chinese investors. You could also recuperate your funds back sooner, as well.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    This will depend on the terms of the offering documents and the partnership agreement as far as the payout provision and/or exit strategy. Partnering with Chinese investors may delay your ability to receive the distribution of the funds/the return of capital, etc.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It will not affect your timeline of getting the conditional green card nor the 10-year green card. It may affect getting your money out of the project as most do not return any funds until all I-829s are approved.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The waiting period for individuals born in mainland China does not affect any applicants born outside of China. However, you may want to put this question to the Regional Center, as the terms of the investment may call for a longer period to accommodate the Chinese investor. This is a question to put to your licensed broker-dealer or your immigration attorney.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    The wait time for Chinese investors should not negatively affect your EB-5 application. Currently, the EB-5 visa backlog affects only Chinese investors. It may have an unintended benefit depending on how the EB-5 offering is structured; you may have more flexibility when it comes to job allocation and exit strategies (check your offering documents for more information).

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    Matthew T Galati

    Immigration Attorney
    Answered on

    It should not affect your application at all. However, you will want to look at the repayment terms of your capital investment and any applicable EB-5 loan, as payment to the NCE or the investors could be delayed.

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